PETITION FOR VOIDING A DECISION OF THE NATIONAL COMMITTEE AND DECLARATORY RELIEF
1. Statement of Jurisdiction.
The petitioners constitute more than one percent (1%) of the sustaining members of the Libertarian Party. The respondent is the duly elected Chairman of the Libertarian National Committee, Inc. Pursuant to Bylaw 8.13 and Bylaw 9.2(d) the Judicial Committee has express jurisdiction over this complaint.
On or about, February 28, 2012, the respondent by and through the Convention Oversight Committee announced a “minimum” fee of approximately ninety-four dollars ($94.00) in order for delegates to conduct party business on the convention floor at the 2012 Annual Convention (hereinafter referred to as the “Floor Fee”)
3. On March 11, 2012, the National Committee voted down a motion to make the Floor Fee optional, thus imposing the Floor Fee as a requirement upon the Delegates at the 2012 National Convention.
4. Delegates while assembled in a National Convention represent the ultimate authority within the Libertarian Party. Said authority may be only restricted by provisions listed in the Bylaws, Convention Special Rules of Order, parliamentary authority or applicable law.
The Floor Fee constitutes an amendment by the National Committee to the Convention Special Rules of Order in violation of Bylaw 11.10.
6. The Floor Fee constitutes a substantive amendment to the By-Laws, contrary to and in violation of Bylaw 17.1.
7. By adopting the Floor Fee, the National Committee violated Bylaw 11.3(b) which grants affiliate parties plenary authority to determine their elected delegates. The Floor Fee constitutes an additional requirement upon the duly selected delegates of the affiliate parties. The authority granted to the affiliate parties may only be restricted by express provisions of the By-Laws. By imposing the Floor Fee, the National Committee violated the autonomy of all affiliate parties to select their delegates in violation Bylaw 6.5.
Therefore, the petitioners respectfully request that:
(a) the Judicial Committee enter a judgment that the Floor Fee is in violation of one or more of the abovementioned sections of the Bylaws pursuant to Bylaw 9.2(d); and,
(b) the National Committee be enjoined from requiring any duly-elected National Convention delegate to pay a fee in order to attend a convention business session of the Party.